Charles E. Marquart, III - Page 11

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            the operation against petitioner.  The statement petitioner                                 
            relies on is: "if the van would not have been there * * * we                                
            could have pulled it off".                                                                  
                  Petitioner had Sergeant DeFries on the witness stand and                              
            could have examined him as to what the statement meant.  He                                 
            failed to do so.  Petitioner has the burden of proof as to the                              
            meaning of the statement.  His offer of a speculative                                       
            interpretation favorable to him is not persuasive and fails to                              
            meet his burden of proof.  We decline to find the behavior of the                           
            police officers to be egregious on the bases of speculation and                             
            innuendo.                                                                                   
                  Petitioner also denies, again without supporting evidence,                            
            that the officers needed to make a protective sweep once they had                           
            him in custody.  This contradicts the testimony of the arresting                            
            officers on several key points.  A number of factors led the                                
            officers to believe someone else might be in the house with                                 
            petitioner when they entered to make the arrest.                                            
                  These officers put their lives on the line by entering a                              
            house where they knew firearms and explosives had previously been                           
            found.  They did not know how many armed suspects they might                                
            encounter.  Society routinely asks them to assume such risks.  We                           
            will not second-guess the reasonable steps they took to minimize                            
            those risks to themselves and to their fellow officers.                                     







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